Chapter 1: Ethics & Sources of Law
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Chapter 1: Ethics & Sources of Law. Chapter. Ethics and the Law. 1. Section 1.1 Defining Ethics Section 1.2 Sources of Law. What You’ll Learn. How ethical decisions are made (p. 6) When to apply the greatest good principle (p. 7) When to apply the golden rule principle (p. 8).

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Chapter 1: Ethics & Sources of Law

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Chapter 1 ethics sources of law

Chapter 1: Ethics & Sources of Law


Chapter 1 ethics sources of law

Chapter

Ethics and the Law

1

Section 1.1

Defining Ethics

Section 1.2

Sources of Law


Chapter 1 ethics sources of law

What You’ll Learn

  • How ethical decisions are made (p. 6)

  • When to apply the greatest good principle (p. 7)

  • When to apply the golden rule principle (p. 8)


Chapter 1 ethics sources of law

What You’ll Learn

  • How to explain the nature of ethical character traits (p. 11)

  • When law relates to ethics (p. 12)


Chapter 1 ethics sources of law

What You’ll Learn

  • How to explain the importance of law (p.12)

  • How to resolve ethical and legal conflicts (p. 13)


Chapter 1 ethics sources of law

Why It’s Important

Learning how to apply ethical principles will help you make ethical decisions.


Chapter 1 ethics sources of law

Legal Terms

  • morality (p. 6)

  • ethics (p. 6)

  • honesty (p. 11)

  • justice (p. 11)

  • compassion (p. 11)

  • integrity (p. 12)

  • law (p. 12)


Chapter 1 ethics sources of law

Section Outline

How Ethical Decisions Are Made

Feelings and Opinions

The Greatest Good

The Golden Rule

Ethical Character Traits


Chapter 1 ethics sources of law

Section Outline

The Relationship Between Ethics and Law

Why Law Is Necessary

Ethical and Legal Conflicts


Chapter 1 ethics sources of law

Pre-Learning Question

How do you make ethical decisions?


Chapter 1 ethics sources of law

How Ethical Decisions Are Made

  • Determining the difference between right and wrong can be difficult.

  • Individuals use different methods to choose the right thing to do in any given situation.


Chapter 1 ethics sources of law

How Ethical Decisions Are Made

Morality involves the values that govern a society’s attitude toward right and wrong.

Ethics, in contrast, are the means for determining what a society’s values ought to be.


Chapter 1 ethics sources of law

How Ethical Decisions Are Made

  • Throughout your life, you will face many ethical problems.

  • Adopting a consistent ethical standard can help you with big or small moral problems.


Chapter 1 ethics sources of law

Feelings and Opinions

Some people base their ethical standards on whether the act “feels” right.


Chapter 1 ethics sources of law

The Greatest Good

Some people feel that an action that creates the greatest good for the greatest number of people is a sound basis for making ethical decisions.


Chapter 1 ethics sources of law

The Golden Rule

Others base their ethical standards on the golden rule, which states:

“Do unto others as you would have them do unto you.”


Chapter 1 ethics sources of law

Ethical Character Traits

Honesty is being open and truthful with other people.

Justice is treating other people fairly and equally.


Chapter 1 ethics sources of law

Ethical Character Traits

Compassion is being sympathetic to the difficulties of others.

Integrity is doing what is right regardless of personal consequences.


Chapter 1 ethics sources of law

Describe the characteristics of justice.


Chapter 1 ethics sources of law

ANSWER

Treating people fairly and equally.


Chapter 1 ethics sources of law

Pre-Learning Question

How do you think ethics relates to law?


Chapter 1 ethics sources of law

The Relationship Between Ethics and Law

If everyone made the same ethical decisions with the same results, there would be no need for law. In the real world, however, some people engage in conduct that most people agree is wrong.


Chapter 1 ethics sources of law

Why Law Is Necessary

Law is the system of rules of conduct established by the government of a society to maintain stability and justice.


Chapter 1 ethics sources of law

Why Law Is Necessary

Law defines the legal rights and duties of the people and provides the means of enforcing these rights and duties.


Chapter 1 ethics sources of law

Ethics and Legal Conflicts

  • Because law is made by people, it is imperfect.

  • Legislators and judges bring their own personal opinions on ethics to the lawmaking process.

  • As a result, ethics and law will sometime conflict.


Chapter 1 ethics sources of law

Define law.


Chapter 1 ethics sources of law

ANSWER

Law is the rules of conduct established by the government of a society to maintain stability and justice.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • Explain how ethical decisions are made.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

Answers will vary, but should refer to the different standards people use, such their feelings and opinions, the golden rule, or their own ethical character traits.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • How can the greatest good principle lead to ethical decisions?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

It concentrates on consequences in a way that leads to ethical decisions.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • How can the golden rule principle lead to ethical decisions?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

It tells each of us how to treat people based on rationality and can, therefore, lead to ethical decisions.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • What are four ethical character traits?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

Honesty, compassion, integrity, and justice


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • How is law related to ethics?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

Answers will vary, but should refer to the need for law because people do not always make the same ethical decisions with the same results.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • Why is law important?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

Answers will vary, but should recognize that law helps to maintain stability and justice in a society.


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

  • How can ethical and legal conflicts be resolved?


Chapter 1 ethics sources of law

Section 1.1Assessment

Reviewing What You Learned

Answer

Answers will vary, but should recognize that by looking at the reasons for specific conflicts, those conflicts may be resolved.


Chapter 1 ethics sources of law

Section 1.1Assessment

Critical Thinking Activity

Ethics and Law

Why is it important to be able to distinguish between actions that are ethical and actions that are not? Why is it important to be able to distinguish between ethics and law?


Chapter 1 ethics sources of law

Section 1.1Assessment

Critical Thinking Activity Answer

Ethics and Law

Answers will vary, but should recognize the value of knowing right from wrong and of distinguishing between how we determine our values and how we create the system of rules we live by.


Chapter 1 ethics sources of law

Section 1.1Assessment

Legal Skills in Action

Developing Ethical Standards

How would you respond to a friend who says she has never had a consistent set of moral standards?


Chapter 1 ethics sources of law

Section 1.1Assessment

Legal Skills in Action

Developing Ethical Standards

With a partner, role-play a response to your friend’s lack of ethical philosophy. Explain how the ethical standards discussed in this chapter could help her develop a consistent set of ethical standards.


Chapter 1 ethics sources of law

Section 1.1Assessment

Legal Skills in Action Answer

Developing Ethical Standards

Role-plays will vary, but should demonstrate an understanding of the ethical standards discussed in this chapter.


Chapter 1 ethics sources of law

End of Section 1.1


Chapter 1 ethics sources of law

Section 1.2


Chapter 1 ethics sources of law

What You’ll Learn

  • How to recognize the various parts of the U.S. Constitution (p. 14)

  • How to explain the components of common law (p. 17)


Chapter 1 ethics sources of law

What You’ll Learn

  • How to explain the purposes of statutory law (p. 18)

  • How to identify the various ways that courts make law (p. 20)


Chapter 1 ethics sources of law

What You’ll Learn

  • How the government makes administrative regulations (p. 21)


Chapter 1 ethics sources of law

Why It’s Important

Learning how the law is made will help you make decisions regarding your legal responsibilities.


Chapter 1 ethics sources of law

Legal Terms

  • Constitution (p. 14)

  • common law (p. 17)

  • precedent (p. 17)

  • statutes (p. 18)


Chapter 1 ethics sources of law

Legal Terms

  • unconstitutional (p. 19)

  • legislature (p. 19)

  • administrative law (p. 21)


Chapter 1 ethics sources of law

Section Outline

The Five Main Sources of U.S. Law

Constitutional Law

Common Law

Statutory Law

Court Decisions

Administrative Regulations


Chapter 1 ethics sources of law

Pre-Learning Question

Why are there different sources of law?


Chapter 1 ethics sources of law

The Five Main Sources

of U.S. Law

Although the five main sources of law may seem different, they all pertain to the law in some way.

  • constitutional law

  • common law


Chapter 1 ethics sources of law

The Five Main Sources

of U.S. Law

  • statutory law

  • court decisions

  • administrative regulations


Chapter 1 ethics sources of law

Constitutional Law

  • A country’s constitution spells out the principles by which the government operates.

  • In our country, the most fundamental law is the U.S. Constitution.


Chapter 1 ethics sources of law

The U. S. Constitution

  • Sets forth the fundamental rights of citizens.

  • Defines the limits within which the federal and state governments may pass laws.

  • Describes the functions of different branches and divisions of our national government.


Chapter 1 ethics sources of law

The U. S. Constitution

  • The U.S. Constitution consists of seven articles and 27 amendments.

  • The articles establish the national government.

  • The amendments outline the rights of the people.


Chapter 1 ethics sources of law

1.2

The Articles of the Constitution

of the United States, in order to form…

Article I.The Legislative Branch

Article II.The Executive Branch

Article III.The Judicial Branch

Article IV.Relations Among States

Article V.The Amending Process

Article VI.National Supremacy

Article VII.The Ratification of the

Constitution


Chapter 1 ethics sources of law

Common Law

  • In the early days of English history, judges traveled in circuits around England deciding cases.

  • Because there was no written law, judges made decisions based on customs and traditions.


Chapter 1 ethics sources of law

Common Law

  • Judges shared their decisions with other judges.

  • They tried to share the same law “in common” with everyone else throughout the country.

  • This practice formed the basis of common law.


Chapter 1 ethics sources of law

Precedent

  • Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances.

  • Stare decisis means “let the decision stand.”


Chapter 1 ethics sources of law

How many amendments are there to the U.S. Constitution?


Chapter 1 ethics sources of law

ANSWER

27


Chapter 1 ethics sources of law

Statutory Law

Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.


Chapter 1 ethics sources of law

Statutory Law

  • A statute may order people to do something, such as pay taxes or sign up for the military draft.

  • A statute may also forbid people from doing something, such as discriminating in employment.


Chapter 1 ethics sources of law

Statutory Law

  • Federal statutes are laws passed by Congress and signed by the president.

  • State statues are laws passed by a state’s own legislature, or body of lawmakers.


Chapter 1 ethics sources of law

Statutory Law

Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.


Chapter 1 ethics sources of law

Court Decisions

Courts make laws in three ways:

  • Through common-law tradition

  • By interpreting statutes

  • By judicial review


Chapter 1 ethics sources of law

Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?


Chapter 1 ethics sources of law

ANSWER

Statutory law


Chapter 1 ethics sources of law

Administrative Regulations

  • Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency.

  • Administrative law consists of those rules and procedures established by regulatory agencies.


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

  • What are the various parts of the U.S. Constitution?


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

Answer

Articles, which establish the national government, and amendments, which outline the rights of the people.


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

  • What are the components of common law?


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

Answer

Based upon previous court decisions


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

  • What are the purposes of statutory law?


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

Answer

To order people to do something or prohibit people from doing things.


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

  • How do the courts make laws?


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

Answer

Using common law, statutory interpretation, and judicial review.


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

  • How does the government make administrative regulations?


Chapter 1 ethics sources of law

Section 1.2Assessment

Reviewing What You Learned

Answer

Through the use of administrative agencies.


Chapter 1 ethics sources of law

Section 1.2 Assessment

Critical Thinking Activity

Sources of Law

Why is it important to be able to distinguish between the U.S. Constitution and statutory law?


Chapter 1 ethics sources of law

Section 1.2Assessment

Critical Thinking Activity Answer

Sources of Law

Answers will vary, but understanding the source of a law may help you understand the reason for the law itself.


Chapter 1 ethics sources of law

Section 1.2Assessment

Legal Skills in Action

The Articles of Confederation

The U.S. Constitution is not the original governing document for the United States. At one time, the national government was organized and operated under the Articles of Confederation.


Chapter 1 ethics sources of law

Section 1.2Assessment

Legal Skills in Action

The Articles of Confederation

The Articles lasted only a decade, however. With a partner, conduct a research project to uncover the weaknesses of the Articles of Confederation.


Chapter 1 ethics sources of law

Section 1.1Assessment

Section 1.2Assessment

Legal Skills in Action Answer

The Articles of Confederation

Reports will vary, but should cite sources to support their findings.


Chapter 1 ethics sources of law

End of Section 1.2


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